Defending DUIs
Although there are nuances depending on the jurisdiction, the approach to a DUI defense is largely the same regardless of where you are charged.
Approach 1: Throw out the evidence
- The Constitution — If there was a flaw in the reason police initially pulled you over or interacted with you, you might be able to get all of the evidence thrown out. The Constitution is there to prevent these kinds of abuses, and you need a lawyer who can make the right arguments to advance your case.
- Procedure — Certain failures in procedure by investigators and prosecutors can lead to evidence being thrown out. You need experienced counsel who knows what's proper—and more importantly, what isn't.
- Science — Breath testing. Blood testing. Urinalysis. Whether the test was performed by an inexperienced patrol cop or a highly-educated medical professional, these tests can be wrong. Devices can be improperly calibrated or administered incorrectly. Results can be incorrectly interpreted. You need counsel who can review the records and identify deficiencies in the testing process.
Approach 2: Demonstrate why the evidence is wrong
Sometimes the video of the field sobriety test can't be thrown out. And the breathalyzer results are going in front of a jury. Even under these circumstances, not all is lost. There are biological conditions that can result in unreliable test results, such as acid reflux. Sometimes there are innocuous alternative explanations for lack of steadiness during field sobriety tests. Likewise for red eyes and slurred speech. A skilled DUI lawyer will track down every available defense.
Jurisdictional Deep-Dives
DUI and DWI laws, penalties, and evidentiary thresholds vary significantly by location. Select your jurisdiction for detailed legal insights: